Explanatory Statement
Civil Aviation Regulations 1988
Exemption — navigation and anti-collision lights
Section 98 of the Civil Aviation Act 1988 (the Act) empowers the Governor-General to make regulations for the Act and in the interests of the safety of air navigation.
Subregulation 207 (2) of the Civil Aviation Regulations 1988 (CAR 1988) provides that an Australian aircraft shall not be used in any class of operation unless it is fitted with such instruments and is fitted with or carries such equipment, including emergency equipment, as the Civil Aviation Safety Authority (CASA) approves or directs.
Subregulation 5 (1) of CAR 1988 provides that whenever CASA is empowered by CAR 1988 to give directions or approvals, it may do so in the Civil Aviation Orders (the CAOs).
Paragraph 3 of Appendix V to CAO 20.18 requires that aircraft must have 2 landing lights except when engaged in private and aerial operations and charter operations not carrying passengers for hire and reward when it must have 1 light.
Subregulation 195 (1) of CAR 1988 requires that the pilot in command and the operator of an aircraft must comply with the rules requiring lights to be displayed in relation to the aircraft at night and in conditions of poor visibility.
Subregulation 196 (1A) provides that the operator and pilot in command of an aeroplane in flight, or operating on the manoeuvring area of a land aerodrome, must ensure that the lights required by this regulation to be displayed on the aeroplane are displayed.
Subregulation 196 (3) provides that unless CASA otherwise directs, an aeroplane in flight or operating on the manoeuvring area of a land aerodrome shall display, in addition to navigation lights, an anti-collision light consisting of a flashing red light. The exemption will permit Airvan Flight Services Pty Ltd (the operator) to carry out covert surveillance without displaying some of the required lights. To mitigate against the risks associated with such operations, conditions have been imposed.
Legislative Instrument Act
Subregulation 308 (4) of CAR 1988 declares an exemption to be a disallowable instrument. Under subparagraph 6 (d) (i) of the Legislative Instruments Act 2003 (the LIA), an instrument is a legislative instrument for section 5 of the LIA if it is declared to be a disallowable instrument under legislation in force before the commencement of the LIA. The exemption is, therefore, a legislative instrument and it is subject to tabling and disallowance in the Parliament under sections 38 and 42 of the LIA.
Consultation
Consultation under section 17 of the LIA has not been undertaken in this case. The instrument is an exemption requested for covert surveillance and border protection operations. Similar instruments have been issued to some other operators.
The instrument comes into effect on the day after it is registered and stops having effect at the end of 31 December 2011.
The exemption has been made by the Deputy Director of Aviation Safety, a delegate of CASA, under subregulation 7 (1) of CAR 1988.
[Instrument number CASA EX113/09]
Overview
The Civil Aviation Regulations 1988, as amended by F2009L04641, address the need for specific exemptions in relation to the display of navigation and anti-collision lights for aircraft used in covert surveillance. Enacted by the Australian Government, this legislative instrument provides an exemption for Airvan Flight Services Pty Ltd to operate without displaying certain lights during their covert surveillance missions. The objective of this exemption is to facilitate the covert operations of the company while ensuring that safety measures are maintained to mitigate any associated risks. This instrument, declared under the Legislative Instruments Act 2003, is a disallowable instrument and is subject to disallowance in the Parliament. It was issued by the Deputy Director of Aviation Safety, a delegate of the Civil Aviation Safety Authority, and came into effect after registration, with a cessation date of 31 December 2011.
Scope and Application
The Civil Aviation Regulations 1988 provide for numerous standards and requirements, including the display of navigation and anti-collision lights on aircraft, as mandated by various subregulations within the Civil Aviation Orders. The exemption under consideration applies specifically to Airvan Flight Services Pty Ltd, enabling the operator to conduct covert surveillance missions without displaying some of the required lights, thereby addressing unique operational needs while mitigating associated risks through imposed conditions. This exemption, declared as a disallowable instrument under the Legislative Instruments Act 2003, is subject to tabling and disallowance in Parliament. It is noteworthy that this particular exemption was made without prior consultation under section 17 of the LIA, given its specific application to covert surveillance and border protection operations. The exemption is effective from the day after its registration and remains in force until 31 December 2011. It is granted by the Deputy Director of Aviation Safety, acting as a delegate of the Civil Aviation Safety Authority, pursuant to subregulation 7(1) of the Civil Aviation Regulations 1988.
Key Provisions
The main operative sections of the Civil Aviation Regulations 1988 (CAR 1988) involved in this exemption pertain to the fitting of lights on aircraft and the responsibilities of operators and pilots in displaying these lights (Subregulations 207(2), 195(1), 196(1), and 196(3)). Specifically, Subregulation 207(2) mandates that Australian aircraft must be equipped with CASA-approved instruments and equipment, including navigation and anti-collision lights. Subregulation 195(1) requires that pilots and operators comply with rules about displaying lights at night or in poor visibility. Subregulation 196(1) obligates the operator and pilot in command to ensure the correct lights are displayed on the aeroplane, while Subregulation 196(3) specifies that an aeroplane should display an anti-collision light, in addition to navigation lights, unless otherwise directed by CASA.
The obligations and requirements imposed by the Act on Airvan Flight Services Pty Ltd and other entities include ensuring that their aircraft are equipped with the necessary lights as approved by CASA and displaying these lights as required during flight and on the manoeuvring area of a land aerodrome. However, the exemption allows Airvan Flight Services Pty Ltd to conduct covert surveillance operations without displaying some of these required lights, provided certain conditions are met to mitigate associated risks. This exemption is granted under subregulation 7(1) of CAR 1988 by the Deputy Director of Aviation Safety, who acts as a delegate of CASA.
The exemption is a legislative instrument and, as such, is subject to tabling and disallowance in Parliament under sections 38 and 42 of the Legislative Instruments Act 2003 (LIA). This means that if the exemption is not tabled or if it is disallowed by Parliament, it will cease to have effect. Moreover, the exemption comes into effect on the day after its registration and stops having effect at the end of 31 December 2011, providing a clear timeframe for its operation. Any breach of the conditions of this exemption may lead to enforcement actions by CASA, though specific penalties are not detailed in the provided text.